Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

CPS Costs for multiple offence trial in magistrates court

Case requests, comments, corrections, questions, answers. Just anything an everything about swarb.co.uk

CPS Costs for multiple offence trial in magistrates court

Postby veritas2409 » Mon Mar 14, 2016 5:01 pm

Can somebody please confirm this

If you are charged with 2 offences that are dealt with at a 1 trial ,

is it correct to say that the CPS can only apply for 1 set of costs if you are found guilty of both ?

and

is it correct that the CPS can apply for full costs even if you are found guilty only of the lesser charge ?
veritas2409
 
Posts: 67
Joined: Wed Feb 17, 2016 12:57 pm

Re: CPS Costs for multiple offence trial in magistrates cour

Postby dls » Mon Mar 14, 2016 8:47 pm

Anybody can apply for anything. The issue is whether the curt has power to grant it, and if it has that power should it do so in the particular case.

The words 'particular case' matter. They differ hugely.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11783
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: CPS Costs for multiple offence trial in magistrates cour

Postby Smouldering Stoat » Mon Mar 14, 2016 8:57 pm

From the CPS legal guidance:

Where the defendant has been convicted on only some of several counts, it would be wrong to order him to pay the whole of the prosecution costs, but a mathematical approach is not required (R v Splain [2010] Cost L.R. 465,CA).
Smouldering Stoat
 
Posts: 6110
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.


Return to swarb.co.uk - case law

Who is online

Users browsing this forum: No registered users and 1 guest